Not sure if Statue Barred

[Shazzam]

Hello

 

I have received a letter from Aktiv Kapital regarding an old debt they have managed to drag up.

 

I requested an SAR and they sent me the signed contract and photocopies of all the last few statements to GE Captial Bank

where I have made no payment and they have charged me all sorts of legal costs.

 

The last date on this document is 12/09/02 and this is not a payment I made but charges I incurred.

 

This debt is no longer on my recent credit report and one I had forgotten about to be honest.

 

Does this mean I would be ok sending a statue barred letter to them?

 

Any advice would be grateful, thank you.

[Bombaymix]

The signs are there. I'd say if it's not showing on your credit report then it's possibly SB.

 

I'd fire off the SB letter myself...

[Shazzam]

Thanks for such a quick reply.. letter already drafted ready to print. Shall send it today hopefully they will leave me alone then.

[dx100uk]

AK have purchased 100'00's of SB'd debt in the hope of fleecing people

that know no better

 

dx

[Shazzam]

Ok so I sent them the letter = statue barred

 

they sent me one back saying that I admitted the debt back in 2009 when it belonged to West Cott.

 

I do remember writing letters a while ago when I was trying to sort out my debts saying I would pay £1 until further notice.

 

But this was not with Aktiv this was with someone else which seems to be West Cott.

 

Unfortunately I have looked back on all my files and I can't find the original letters I sent.

I lost lots of information years ago when my computer had a v nasty virus.

 

As they are saying the last payment was 2009 it is not statue barred.

 

But it is not on my credit file.

 

I believe it was and that would've been why I sent the letter in the first place, however it no longer is.

 

I'm not sure what to do,

 

I don't want to pay any of it as I feel it is a past debt which I believe is statue barred,

and they are playing a very naughty game trying to get the money from me.

 

If the debt was originally with West Cott then what does it have to do with Aktiv?

 

Cheers for any advice from you very helpful people.

[havinastella]

If you made no payment between 2002 and 2009 its still Statue barred.

 

Point this out to them and make it clear you will not enter into any more discussion with them over the matter.

[cerberusalert]

If the last payment was in 2002 it doesn't matter what you wrote in 2009, six years had already past so it would have been SB then.

[Shazzam]

Yes but I paid £1 in 2009 to West Cott.

[cerberusalert]

Doesn't matter.

 

Once the limitation period of six years (five in Scotland) has passed then nothing can restart the clock again.

[havinastella]

As Cerb and I have pointed out, it's still Stat barred. How many £1 payments did you make, If just the one, are you sure it wasn't a CCA request

[Shazzam]

On the statement they sent me it says

 

Date, Payment - Westcot Credit Services, followed by an amount

 

So according to them payments have been made through 2006-31/03/2009. I am going to go and try find out where I paid this from but I think that bank account is now closed. It doesn't say I paid only Westcot Credit Services paid.

 

I orginally defaulted on 23/09/02 and then the next payment is 31/10/06. Again on the statement is says Westcot Credit Services. According to this I then defaulted again 31/03/2009. Neither of these lengths of time are 6 years, I think this is what they arguing about.

 

Big thank you.

Edited October 14, 2012 by Shazzam

[Shazzam]

Not sure what I'd do without the advice from you guys on here.

[dx100uk]

ok so probable scenario is its drfopped off your CRA file

as it was defaulted ages ago, and fell off after 6yrs from the default.

paid or not.

 

and it looks probable that its not SB'd

 

now we need to start on them.

 

you say you have all the GE statements and mention 'legal' charges

 

please elaborate or scan those up

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[jadeybags]

I had a catalogue debt with Littlewoods of £200 before I moved to this address in 2005.

 

Last year some random company started sending letters.

 

I stood my ground & didn't reply to them as I genuinely don't remember the debt.

 

Although I can't rule it out.

 

Until they rang one day over a year ago & I made the mistake of answering.

 

He kept trying to get me to 'make a payment today'

 

But I was under stress at the time & laughed at the guy & said I have been here 7 yrs now, take me to court.

 

Not heard anything since. Yet.

[Shazzam]

Hello again,

 

@dk100uk

I am so sorry I didn't get round to completing your request.

 

I actually went off traveling to India for several months and only just got back.

 

I have managed to wade my way through a mountain of mail to find more letters from Aktiv lol!

 

However one dated 18/11/12 states '

We would like to confirm to you that we are still waiting for information to be supplied to ourselves from the original creditor.

This information is required by ourselves to resolve the query.

Your account with us continues to remain on hold, whilst we await this information.'

 

Then there is a letter from Tempus Solutions dated 05/02/2013 offering me a massive discount and only paying £122.26 and they pay £489.02!!!

This company is part of Aktiv Kapital.

This letter's reference is the same as the one they declare to be 'on hold.'

 

I then check my mail at my parents address (which was my base address for a while)

and find a letter from Nexis Credit Uk.

 

I looked them up and they are a new company from Jan 2012,

but according to Company checker it is run by one member.

 

This company states,

'Your account with our client Aktiv Kapital has been passed to our firm for collection and the balance shown above is now due.

I must inform that payment in full of this outstanding balance is required within 10 days in order to prevent further debt recovery action,

which may include a visit to your property.

 

This debt appears to have different reference number to the above mentioned letters.

 

I don't like the thought of someone turning up at my parents address and being all threatening to them as they are very old,

and with a bit of harrassment would get out a cheque book and pay whatever the bully was asking.

 

I was thinking of phoning them initially to take this address off their records,

but not willing to acknowledge this debt.

Or shall I just send them a copy of the 'doorstep visitor' letter and an address where they can contact me.

 

To be honest this letter was dated 21/03/13 and 10 days are now up.

I hope they (I mean he - the only member of this company) doesn't decide to visit.

 

Please could you advise me accordingly.

 

Thank you once again for all your help.

[havinastella]

ANY company offering a discount, knows they cannot enforce the debt. Tell them to bugger off.

[Shazzam]

Lol! I like that answer. Feel like sending them that message in huge letters, these letters are so annoying. I know I ran from debts many years ago but surely they are dead and buried by now.

 

Thank you for your advice.

[dx100uk]

god tempus and nexus

not heard those names in a while

they are both bottom feeders

 

and do nothing.

 

one man dirty raincoat lot.

 

they ARE NOT BAILIFFS

 

they have NO LEGAL POWERS

and even IF [very rare] chance they do doorstep

 

they would not be able to discuss the debt with your parents anyhow

 

its all part of the intimidation these companies use to fleece people.

 

tell you parents to tell them to bugger off their land.

 

discounted debt...as guessed moons ago, trying to fleece you

 

ignore!!

 

dx

[Shazzam]

Thank all so much. This site has helped me so much and allowed me to help others.

Get off my land!! it is shall tell my parents too.